NAC 613.040Restrictions on employment of participant. (NRS 613.225)An
employer shall not employ a participant in a position:

1. That is the same or substantially equivalent
to a position within the same organizational unit which was vacated by an
employee who was laid off with the right to be recalled to work;

2. That is the same or substantially
equivalent to a position within the same organizational unit for which the
employer has caused an involuntary reduction in the hours of work of an
employee to less than full time;

3. For which a vacancy was created by the
employer terminating the employment of an employee for the purpose of hiring a
participant; or

4. For which an involuntary reduction in the
work force of the employer was caused for the purpose of hiring a participant.

1. An employee or participant may request a
hearing before the labor commissioner to determine whether an employer has
violated the provisions of NAC 613.040. The request
must be submitted to the labor commissioner on a form provided by him not later
than 60 days after the alleged violation occurred.

2. The hearing must be conducted in the
manner prescribed in NRS 607.205
to 607.215, inclusive.

1. The labor commissioner may require the
employee or participant who requested a hearing pursuant to NAC 613.050 and the employer who allegedly violated
the provisions of NAC 613.040 to appear before him
for an informal resolution of the controversy at a location within the county
where the employee or participant resides.

2. The employee or participant and the
employer may be represented by counsel at the informal hearing.

3. An informal hearing conducted pursuant to
this section must not be recorded. Any matter discussed or material presented
at the informal hearing may not be admitted into evidence at a subsequent
formal hearing. The labor commissioner will inform all parties at the beginning
of the informal hearing that such material or discussion may not be used at a
subsequent formal hearing.

4. The holding of an informal hearing does
not prevent the labor commissioner from requiring a formal hearing.

5. If the labor commissioner determines that
the matter cannot be resolved at the informal hearing, he will conduct a formal
hearing to resolve the matter.

(Added to NAC by Labor Comm’r by R152-98, eff. 3-18-99)

NAC 613.070Disciplinary action. (NRS 613.225)If the
labor commissioner determines, after notice and a hearing is held pursuant to NAC 613.050, that the employer has violated the
provisions of NAC 613.040, the labor commissioner
may:

1. Order the employer to reinstate the
employee immediately to his former position, without the loss of seniority or
benefits, and pay to the employee the wages lost by the employee as a result of
the violation;

2. Suspend the payments that the employer is
entitled to receive for his participation in the welfare-to-work program; or

3. Prohibit the employer from participating
in the welfare-to-work program.